Criminal Defense Attorney

Assault and Battery on a Police Officer – Pre-Trial Probation (case to be dismissed after one year)

Two MBA students (MM and DS) were involved in a fight outside a nightclub. A confrontation between groups over a female began inside the establishment. Apparently, a man from one group groped the girlfriend of a man from another group. As the guys moved outside a fight broke out. Bouncers tried to break it up. A police officer rushed to the scene to help. As the officer grabbed MM by the shoulder, from behind, MM swung around and threw a punch. DS, thinking that the officer was bouncer (the officer was wearing black and DS only saw him from behind), tried to pull the officer off of MM. DS and MM were taken to the ground by the first officer and another officer who had jumped in to help. DS and MM were punched and had their faces scraped against the asphalt. Both men were charged with Assault and Battery on a Police Officer.

MM, in the US on a student visa, hired Henry. His primary concern was the status of his visa. Henry and another local lawyer, who represented DS, teamed up to help the two young men. They reached out to the prosecutor in the case and wrote formal “Requests for Pre-Trial Probation” (PTP) to the DA’s office. In order for the prosecutor’s office to agree to PTP, these requests are necessary. In addition to the PTP request Henry contacted the officer directly and asked him how he felt about the case. He told the officer about the student visa situation. Thankfully, the officer agreed that PTP was a reasonable outcome to the case. The cases of the men were helped by the fact that neither of them had any criminal record.

The cases of MM and DS were continued for 1 year. During that year they must complete 50 hours of community service, pay $500 in costs, write letters of apology, and not get arrested. After that year the case will be dismissed.